K.Sengottaiyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.41642 of 2024 1.K.Sengottaiyan 2.C.Palanichamy 3.M.Saravanan 4.D.Nithyanandham ....
Petitioners Vs 1.The District Collector, Coimbatore District, Coimbatore.
2.The Tahsildar, Perur Taluk, Coimbatore District.
3.The Zonal Deputy Tahsildar, Perur Taluk, Coimbatore District.
....
Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to issue patta in the name of the petitioners by mutation of 1/5
Revenue records vide Patta No. 3639 as per Petitioners application vide No.2024/0103/12/615874 and Can No.133103425668941 dated 03.09.2024 on the file of the 3rd respondent within a stipulated time as prescribed by this Court.
For Petitioner :
Mr.R.Balaguruswamy For Respondents :
Mr.A.Selvendran Special Government Pleader
ORDER
Aggrieved by the fact that, despite submitting an application on 03.09.2024 for issuance of a patta, the patta has not yet been issued, the petitioner is before this Court.
2. It is the case of the petitioner that the property, measuring an extent of 6.67 acres, comprised in S.F.No.19/2, Patta No.323 situated at Mathuvarayapuram Village, Perur Taluk, Coimbatore District, originally belonged to one Subbanna Gounder @ Subbe Gounder, son of Kandhasamy Gounder, by way of Inam settlement given by the Government. On his death on 22.11.2006, his son, Kandhasamy, inherited the property. The said Kandhasamy had conveyed the property to the petitioner under a registered sale 2/5
deed dated 23.11.2022 for the valuable consideration of Rs.1,47,50,000/-. The petitioner had also submitted an online application for the mutation of the revenue records to effect the transfer of patta, along with all requisite documents. However, the same has not been considered to date. Therefore, the present writ petition.
3. Heard the learned counsel appearing on either side and perused the materials available on record.
4. Considering the fact that the application has been made as early as on 03.09.2024, for which the respondents 2 and 3 have not even commenced an enquiry. It is clear that they have failed in their statutory duties. Therefore, a mandamus is issued to the respondents 2 and 3 to consider the representation of the petitioner dated 03.09.2024 and issue patta within a period of twelve weeks from the date of receipt of a copy of this order. 3/5
5. With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.
03.01.2025 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking order Lpp To 1.The District Collector, Coimbatore District, Coimbatore.
2.The Tahsildar, Perur Taluk, Coimbatore District.
3.The Zonal Deputy Tahsildar, Perur Taluk, Coimbatore District.
4/5
P.T. ASHA, J, Lpp W.P.No. 38447 of 2024 03.01.2025 5/5